The Future of Delta-8 THC’s Legality in California

Delta 8 California

California has a rocky history with hemp-derived CBD because it imposed many restrictions on these products. In addition, state hemp regulations heavily depend on federal law, making the legality of hemp-derived Delta-8 even more complicated.  

Is Delta-8 legal in the Golden State? Can you order it in the mail? If so, where to buy it safely? 

Is It Legal: California Delta-8 Laws 

The short and simple answer is YES, hemp-derived Delta-8 is legal in California.

What Is Delta-8? 

Delta-8 THC is a minor cannabinoid that naturally occurs in hemp in tiny concentrations. This cannabinoid is different from Delta-9 THC, the most abundant and intoxicating cannabinoid in cannabis. It’s, in fact, an analog of THC it has a similar molecular structure with a few important differences.  

Both tetrahydrocannabinols stimulate appetite, reduce nausea, and soothe pain, but Delta-8 exhibits milder psychotropic potency than THC when inhaled. Most D8 products on the market are made from hemp-derived cannabidiol (CBD). Manufacturers extract, isolate, and convert CBD into D8 THC. 

When inhaled, Delta-8 THC binds to the CB1 receptor, similar to traditional THC. The CB1 receptor mediates the psychotropic effects of THC. However, due to its slightly altered molecular structure, D8 produces a “clear-headed” high without the anxiety and paranoia often caused by Delta-9 THC.  

Where to Buy Delta-8 in California

As a cannabis-friendly state, you can find Delta-8 in several places in California, such as dispensaries, vape shops, and hemp CBD shops. This cannabinoid is new on the market, so approaching it with a grain of salt can be beneficial for finding the top-shelf items. 

Since you can find D8 in so many different places, it can be good to avoid buying them from gas stations and convenience stores. If it’s your first time getting D8 from a local company, make sure to request a lab test or Certificate of Analysis or even do a background check on the manufacturer. 

Can I buy D8 online in California? Absolutely, Californians can order a range of Delta-8 products online. Ordering D8 online is easy and convenient because it first allows you to learn about the company you’re buying from, who they are, what they stand for, how they make their D8, etc. Ordering these products in the mail is perfect if you’re all for getting a consistent supply shipped directly to your home. 

The Delta-8 products we offer at Mr. Hemp Flower are made using CBD extracted from hemp compliant with USDA’s testing rules. We manufacture our own products under the highest possible standards. as you can tell from the third-party lab results. Every product comes with a Certificate of Analysis and an ingredient list to help you make an informed decision. 

Here are some of the best-sellers that we ship to D8 friendly states:     

D8 Gummies – Vegan – 10 mg, 20mg, 50mg

D8 Flower Pre-Rolls – Stormy Daniels

CBD Hash with D8

Sour Candy D8 THC Oil Hemp Flower

Continued, Is Delta-8 Legal in California? 

Yes, Delta-8 THC is legal in California. 

Both recreational marijuana and hemp are legal in California. Unlike states like Florida, California has some of the stricter laws on CBD products in the nation. Certain companies refrain from selling their products to this state due to harsh, complicated tax issues, compliance with other provisions, etc. So, figuring out whether Delta-8 is legal in California can be confusing. 

For now, we know that California is awaiting formal regulations from the feds regarding hemp CBD products. In 2021, the state introduced a new bill to act as a temporary measure and give the state regulatory authority over CBD products (the bill is still active, so we’ll see if it gets enough support to pass).  

Regarding hemp CBD products and Delta-8, there are no state laws that ban their processing, sale, or consumption outside of the authorized cannabis chain. But because the state heavily relies on federal law, the sale of hemp CBD foods, beverages, and dietary supplements is prohibited, according to the CA Department of Public Health. 

The Golden State legalized hemp and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers with a Delta-9 THC concentration of no more than 0.3%. In California, hemp-derived products are not part of the Controlled Substances list, which gives D8 the green light. 

The state doesn’t have any possession limits placed on hemp products, and you need to be at least 21 years old to purchase D8 products made from hemp. 

Delta-8 THC and Federal Law

The situation with Delta-8 on a federal level is a bit tricky for two main reasons:

First, the 2018 Farm Bill legalized hemp as a non-intoxicating, nurturing plant that doesn’t get the user stoned. The same premise was true for CBD and all hemp-derived products: they can’t get the user high because they contain less than 0.3% THC. 

Everything seemed to be going well as people started to embrace hemp CBD, and most states in the country permitted its use and possession. That is until D8 started making waves across the United States. Under the Farm Bill, all hemp-derived cannabinoids are legal, including the very tiny concentration of Delta-8 THC. D8 is present in the hemp plant in less than 0.1%.

As you may know, this concentration of D8 in hemp is not enough for labs to extract and create products with it. Therefore, they use the process of isomerization (converting one cannabinoid into another) to create Delta-8 THC from hemp-derived CBD. As you may tell, there’s a legal loophole here that some states closed by banning D8 altogether, while others accepted it as part of their hemp programs. 

This brings us to the second point of this argument: Is D8 that’s been created from CBD a “synthetically derived” cannabinoid? The Federal Analogue Act (FAA) from 1986 states that drugs with a similar chemical structure that have a comparable effect to that of a controlled substance, and are intended for human consumption are considered Schedule I or II controlled substances. But the FAA intended to combat synthetically made “designer drugs,” like Spice and K2, which are laboratory chemicals that have nothing to do with the cannabis plant. 

Delta-8 THC, on the other hand, is made using hemp-derived cannabidiol and is a real tetrahydrocannabinol present in the hemp plant. Many states are in the process of defining “synthetically derived” cannabinoids, so there will be no room for interpretation in D8’s case.    

Bottom line

Unlike other states in the nation, California has stricter hemp CBD regulations that heavily rely on federal laws. The legality of D8 in this state is tricky and undetermined, which hinders the development of D8 businesses. Despite all of this, D8 products are readily available in The Golden State, and you can buy them locally or online. 

Delta 8


Yes, you can buy hemp-derived D8 legally in California. D8 products are sold in CBD shops, dispensaries, and online.

The best places to buy are local CBD dispensaries. You can also order it online safely.

Yes, you can order D8 products online. Most online shops ship to all D8 friendly states, including California.

No, so far, twelve states explicitly banned D8, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, and Utah.

Yes, Delta-8 THC is safe. It’s even considered safer than Delta-9 because it doesn’t exhibit the same side effects and intoxication. The most important thing when buying D8 is to check the origin of the product and ask for lab tests.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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